Grant County Commission Proceedings August 10, 2026
Grant County Commission Proceedings
August 10, 2026
The Grant County Commission met at 4 p.m. in a joint meeting with the Planning & Zoning Commission in the courtroom. Commissioners Mach, Street, Stengel, Hoff and Tostenson were present. Chairman Mach called the meeting to order with a quorum present.
Staff members present were P & Z Officer Berkner, States Attorney Schwandt, Commissioner Assistant Owen and Auditor Folk.
Planning Commission members present were Mark Leddy, John Seffrood, Tom Pillatzki, James Berg, Steve Spors and Mike Mach (Grant County Commissioner). Nancy Johnson was absent. Alternates present were Jeff McCulloch and Don Weber.
Members of the public present were Emma Steinlicht, Teddy Hendricks, Tara Steltz, Gordon Kaze, Mike Reil, Earl Lundin, Michelle Harstad, Doug Wollschlager, Renae Wollschlager, Kevin Lockee, Kathy Ward, Tara Healy, Nate Healy, Jason Grabow, Roger Hopkins, Ryan Hopkins, Scott Pinkert, Russ Howard, Merna Howard, Scott Wiese, Becky Swezey, Travis Swezey, Judy Hunt, Denise Scoblic, Dan Scoblic, Marilyn Rethke, Shirley Wiese, Kenny Wiese, Gordon Bunting, Claire Frazee, Matt Loeschke, Cheri Mielitz, Jen Meyer, Emelia Enquist, Steve Street, Mark Lounsbery, Marty Brandenburger, Susan Buttke, Brian Buttke, Joyce Janke, Kirk Phinney, Dillon Dwyer, Justin Rude, Mike O’Brien, Dave Copelan, Bert Loehrer, Allison DeBoer, Jackie Loeschke, Adam Hunt, Maxine Athey, Duane Athey, Justin Sime, Shirley Sime, Lexy Fonder, Christian Reimche, Tracy Grant, Ryan Kohl, Jolie Hicks, Barb McGee and Todd Kays from First District.
Joint Hearing: The purpose of the joint hearing was to hear public testimony on proposed Ordinance 2026-01. Chairman Mach opened the joint public hearing for Ordinance 2026-01 on behalf of the Board of County Commissioners. Planning Commission Chairman Leddy gave an update on the purpose of the public hearing for the data center ordinance amendment. Leddy asked Todd Kays, Executive Director of First District, to provide an overview of Ordinance 2026-01.
Kays explained the ordinance that was created in 2022 in response to crypto mining interest. The ordinance went into effect without referral, and no applications have been submitted since. The Planning Commission began reviewing the ordinance in April and proposed amendments mostly pertaining to formatting and grammar, with substantive change in water usage (Section 12.20.8). The proposed maximum water usage is 0.05 gal/kWh vs industry 0.12-0.47 gal/kWh. A water efficiency plan is required in a permit request. Other requirements in the ordinance are closed-loop systems; monitoring/reporting; emergency operations plan; proof of water availability; financial assurances per state legislation; discharge permits handled by the state and site drainage management. Kays stated the amendment only concerns Section 12.20 Data Processing Centers.
Planning Commission Chairman Leddy called for public comment.
Public testimony was given by Claire Frazee, Barb McGee, David Copelan, Dan Scoblic, Ryan Hopkins and Jackie Loeschke. They brought their data center questions and concerns to the Commissioners, who addressed them as best they could. Kays stated 27 letters were received for written testimony by noon on Friday, August 7th. Copies of the letters were given to both the County Commissioners and the P & Z Commissioners for review.
P & Z Chairman Leddy closed the public hearing for the Planning Commission Board and called for board discussion and County Commissioner Chairman Mach closed the public hearing for the Board of County Commissioners for Ordinance 2026-01 and called for board discussion. Kays read written comments and suggested changes to the ordinance from P & Z Commissioner Nancy Johnson who wasn’t present. Topics discussed were water rights, sound decibels, setbacks, capping the size of a data center and a decommissioning plan.
After the discussion, there was a consensus of the Planning Commission to make the changes suggested by Johnson. The Planning Commission approved a motion to send Ordinance 2026-01 to the County Commission. P & Z Chairman Leddy called for a voice vote that passed unanimously 6-0.
County Commission Chairman Mach asked Kays to give the reading of Ordinance 2026-01. Kays read the title: ORDINANCE NO. 2026-01, AN ORDINANCE ENTITILED, AN ORDINANCE TO AMEND ORDINANCE 2004-01, AS AMENDED, OF THE ZONING ORDINANCE OF GRANT COUNTY.
Motion by Tostenson and seconded by Street to accept the first reading of Ordinance 2026-01. Motion carried 5-0. Motion by Stengel and seconded by Hoff to set Tuesday, August 18, 2026, for the second reading at the next Commissioner meeting. Motion carried 5-0. The ordinance will be available at the Auditor’s office and on the County’s website.
It is the policy of Grant County, South Dakota, not to discriminate against the handicapped in employment or the provision of service.
The next scheduled meeting dates will be August 18 and September 1, 9 (joint with P & Z at 4 p.m.), and 22, 2026, at 8 a.m. Motion by Stengel and seconded by Street to adjourn the meeting at 5:20 p.m. Motion carried 5-0. Meeting adjourned.
/s/Michael J. Mach,
Chairman,
Grant County Commissioners
/s/ Kathy Folk,
Grant County Auditor
August 18, 2026
The Grant County Commission met at 8 a.m. with Commissioners Mach, Stengel, Tostenson and Street present. Commissioner Hoff was absent. Chairman Mach called the meeting to order. Motion by Street and seconded by Stengel to approve August 4, 2026, minutes. Motion carried 4-0. Motion by Tostenson and seconded by Street to approve the agenda. Motion carried 4-0.
Present from the public were Ray Beutler, Annelies Seffrood, John Seffrood, Adam Hunt, Annie O’Brien, Terry Meister, Gary Meister, Claire Frazee, Ryan Hopkins, Roger Hopkins, Peter Wyatt, Steve Pendergrass, Bert Loehrer, Tracy Grant, Christian Reimche, Lucas Loeschke, Annette Cabin, Linda Christian, Joelie Hicks and Rick Fonder. Staff members present were Commissioner Assistant Owen, Drainage Officer Berkner, States Attorney Schwandt, Hwy Supt Peterson, Sheriff Steffensen and 4-H Educator Mueller.
Public Comment: Chairman Mach called for public comment. Annelies Seffrood gave an update on the Boys & Girls Club and requested funds from the county. Their open house was last night and now have 100 students enrolled. Ryan Hopkins and Claire Frazee had concerns and questions regarding data centers from the P & Z meeting last week. Bert Loehrer stated he will say no to Xcel Energy transmission lines along with other area farmers. Chairman Mach called three times for public comments. Chairman Mach closed the public comment.
The Auditor’s Account with the Treasurer for July was noted.
AUDITOR’S ACCOUNT WITH THE COUNTY TREASURER
To the Honorable Board of County Commissioners, Grant County:
I hereby submit the following report of my examination of the cash and cash items in the hands of the County Treasurer of the County of Grant as of the last day of July 2026.
Cash on Hand, $1,752.49
Checks in Treasurer’s possession less than three days, $66,992.75
Cash Items, $0.00
TOTAL CASH ASSETS ON HAND
$68,745.24
RECONCILED CHECKING
First Bank & Trust, $1,422,208.83; Interest, $0.00; Credit Card Transactions, $9,842.38; First Bank & Trust (Svgs), $5,893,793.17; Jail Bond, $121,445.35.
CERTIFICATES OF DEPOSIT
First Bank & Trust, $0.00; First Bank & Trust (TIF), $0.00.
TOTAL CASH ASSETS
$7,516,034.97
GENERAL LEDGER CASH
BALANCES:
General, $3,105,707.40; General restricted cash, $2,669,000.00; Cash Accounts for Offices General Fund, $656.00; Sp. Revenue, $887,935.26; Sp. Revenue restricted cash, $0.00; Ambulance District, $529.87; Henze Road District, $0.00; Temporary Offage, $2,285.41; TIF Rosewood Mil-3, $0.00; TIF Koch, $0.00; Special Assessment Land Rent, $0.00; Trust & Agency, $849,921.03; (schools 58131.30, twps 30,230.10, city/town 25,124.62).
TOTAL GENERAL LEDGER CASH
$7,516,034.97
Dated the 12th day of August, 2026
Kathy Folk
County Auditor
The Register of Deeds fees for the month of July were $12,195.50. The Clerk of Courts fees for the month of July were $7,812.87. Statistics for the month of July 2026 for the Sheriff’s office were presented by report. Average Daily inmate population 2.80; Number of bookings 12; Work release money collected $180.00; 24/7 Preliminary Breath Test (PBT) fees collected $186.00; SCRAM (alcohol detecting bracelet) fees collected $0.00; 24/7 PBT participants 2; SCRAM (Sobriety Program) participants 0; UA participants 1; Calls for Service (does not include walk-in traffic) 242; Accidents investigated 8; Civil papers served 31; Cumulative miles traveled 15,963; 911 calls responded to (including Milbank) 121.
Chairman Mach adjourned the Board of Commissioners and convened the Commission acting as the Drainage Board.
Permit DR2026-15, for Christian Karels for land located within Section 5 in Alban West Township.
Chairman Mach called for a motion to approve DR2026-15 for Christian Karels. Motioned by Tostenson and seconded by Street to approve permit DR2026-15 for Christian Karels.
Drainage Officer Berkner reported the drainage permit is for tiling 6 acres in LOT 1 BERENS FARM ADDN IN SE1/4 of Sec. 5 of Alban West Township in the North Fork of the Yellow Bank River Watershed. The project would have no open inlets, one 6” outlet, and when possible, connect to the existing tile design from DR2007-15, all draining into the same established waterway. By using the 3/8th inch Drainage Co-efficient Formula (DCF) the lateral tile design could flow as much as 70 gpm. Berkner said it is his opinion that the drainage project conforms to the county’s drainage ordinance.
Karels was not present to comment.
Chairman Mach opened the public hearing for DR2026-15 asking three separate times for comments both in favor and against the project. No one responded. Mach closed the public hearing inviting drainage board discussion. The project is adjacent to County Road 169th Street. Mach asked Hwy Supt Peterson if he is aware of any problems with culverts or waterways in the area. Peterson wasn’t aware of any. After brief board discussion, Chairman Mach called for the vote. Motion carried 4-0.
Chairman Mach called for a motion to approve DR2026-16 for Christian Karels. Motion by Street and seconded by Stengel to approve permit DR2026-16 for Christian Karels.
Berkner said permit DR2026-16 is located just across the road from the previous drainage project DR2026-15 and is for tiling 2 acres in the W1/2NW1/4 SE1/4 of Sec. 9 in Alban West Township in the North Fork of the Yellow Bank River Watershed. The project would have no open inlets and one 6” outlet. By using the 3/8th inch DCF the lateral tile design could flow as much as 15 gpm. Berkner stated it is his opinion that the drainage project conforms to the county’s drainage ordinance.
Chairman Mach opened the public hearing for DR2026-16 asking three separate times for comments both in favor and against the drainage project. No one responded. Mach closed the public hearing inviting drainage board discussion.
Because the project seeking a drainage permit is adjacent to the County Road 169th Street, Mach again asked Supt Peterson if he was aware of any problems with any downstream culverts that might be affected by the design if permitted. Peterson wasn’t aware of any. After brief discussion, Chairman Mach called for the vote. Motion carried 4-0.
Chairman Mach called for a motion to approve DR2026-17 for Annelies and John Seffrood. Motion by Tostenson and seconded by Street to approve permit DR2026- 17 for the Seffroods.
Berkner said the drainage permit is for tiling 70 acres within the NW1/4 of Sec. 7 in Twin Brooks Township in the Whetstone River Watershed. The drainage project would have two open inlets as well as a 6”, an 8” and two 12” outlets. By using 3/8th inch DCF calculator, Berkner estimates the 70 acre tile design alone could flow at an estimated rate of 550 gpm. The open inlets, and the size of the two 12” out letting tiles connecting to the open inlets, could each flow at a maximum rate of 1,400 gpm during extreme wet conditions. It is Berkner’s opinion that the drainage project’s design conforms to the county’s drainage ordinance.
Chairman Mach asked the Seffroods for any additional comments. Annelies said they are using 4 outlets to save money on tile sizes. She said the two inlets that are connected to two larger 12” out letting tiles are to accommodate heavy runoff water that often floods over the adjacent roadway unto their land causing problems. She stated all the outlets emptied into natural grassy waterways which flow through another half mile of their pastureland before the water flows into a tree lined waterway. John Seffrood added that the one inlet located to the south and away from the township road is only included in the design if needed. He thinks the other inlet by the road culvert, and the surrounding lateral tile, may be all that is needed. He said the remaining roadside inlet is to stop the ongoing ditch erosion that happens after heavy runoff events. Once the inlet and its 12” out letting tile is installed they will repair the washouts, reseed, and restore the original grassy waterway.
Chairman Mach opened the public hearing asking three separate times for comments both in favor and against the drainage project. No one responded. Mach closed the public hearing inviting drainage board discussion. Tostenson commented he owns the land just upstream across the road from the area requesting the current drainage permit. He said the whole run, even on his side of the road, often has significant erosion problems. The project being considered should work well in reducing erosion. Chairman Mach called for the vote. Motion carried 4-0.
Berkner asked for a joint P & Z Board and County Commission meeting on Wednesday, September 9th at 4 PM regarding a zoning change from Commercial to Ag. It is a two-step process that involves approval from both boards.
This concluded the business of the Drainage Board. Chairman Mach adjourned the Drainage Board and reconvened as the Board of Commissioners.
Zoning Ordinance 2026-01: Motion by Tostenson and seconded by Stengel to postpone the second reading of Ordinance 2026-01 to the September 1st meeting because all the County Commissioners are not present today. Chairman Mach called for the vote. Motion carried 4-0.
Post Election Audit: Auditor Folk presented the results of the Post Election Audit for July 28, 2026, Runoff election. The Governor race in precincts Milbank 1-1, #52 Stockholm and #46 Grant Center Township was audited by a three-person board. After hand counting the ballots, the results of the race and precincts matched the election night tabulator count and county canvass with 100% accuracy.
Election Agreement: Motion by Stengel and seconded by Street to approve Chairman Mach to sign the combined election agreement with the City of Milbank for holding a combined election on the General election date of November 3, 2026. Motion carried 4-0.
2027 Budget: Auditor Folk reviewed the 2027 budget changes that were made to payroll and health insurance reimbursements. The Commission requested to include an allocation to the Boys & Girls Club in the budget. The 2027 budget public hearing will be on the September 1st meeting agenda.
NextEra Energy: Linda Christian, a developer with NextEra Energy, gave an overview of a proposed 500-megawatt battery storage center on 50 acres near the Big Stone South substation. NextEra has filed their application with MISO utilities and is getting state permits and a CUP. This is a separate project from the one in Codington County which is a 300-megawatt battery storage facility. Battery storage centers lower the cost of energy during peak usage hours. The Grant County facility will be built by 2030. It will take 18-24 months to get the applications approved by MISO and then 9 months to build. The land has been purchased, and NextEra will own and operate the facility. This storage center has nothing to do with proposed transmission lines. They will hold local job fairs.
During construction, they will employ a couple of hundred people. After construction, 3-4 engineers will be employed. Sound walls will be constructed around the perimeter of the battery storage containers. NextEra will train local fire departments on how to handle battery fires.
4-H Christmas Lights: 4-H Educator Mueller requested approval to have the Winter Wonderland drive-thru Christmas light display at the county 4-H Grounds again this year. The Commission gave their approval.
Travel: Motion by Stengel and seconded by Tostenson to approve travel expenses for EM Director Kevin Schuelke to attend the EM Conference in Spearfish. Motion carried 4-0.
County Assistance: None
Unfinished Business: None
New Business: None
Correspondence: None
Abatement: Motion by Stengel and seconded by Tostenson to approve the following abatement. Motion carried 4-0.
1. Bill number: 257189.0; Tax year: 2025; Abatement: $7,010.36: Reason: Property became tax exempt on 8-1-2025.
ABC Inc. Contract: Motion by Street and seconded by Stengel to accept the annual contract with ABC Inc of Sioux Falls for testing the fire alarm system at the new Detention Center and Sheriff’s Office for $784.00. Motion carried 4-0.
Claims: Motion by Tostenson and seconded by Stengel to approve the claims. Motion carried 4-0. ACTIVE DATA SYSTEMS, computer & maint 3,822.00; ADVANCED TECHNOLOGIES, supplies 655.99; AGTEGRA, diesel & ethanol 11,256.83; BANNER ASSOCIATES, prof services 14,299.40; BERENS MARKET, inmate groceries 575.55; BIG STONE CITY, election rental 25.00; BORNS GROUP, mailing expense 984.28; BUTLER, parts 2,124.94; BX CIVIL & CONSTRUCTION, box culvert proj 159,196.62; CCP INDUSTRIES, supplies 649.41; CENTURY BUSINESS PRODUCTS, copier rent 557.70; CHS, diesel & ethanol 23,858.44; CITY OF MILBANK, water & sewer 469.94; CLEAR CHOICE CLEANING, prof services 2,400.00; CONSOLIDATED READY MIX, gravel 11,686.16; CRAIG DEBOER, car wash usage 97.19; DAY COUNTY SHERIFFS OFFICE, inmate housing 3,750.00; FISHER SAND & GRAVEL, gravel 11,624.01; FOOD & FUEL, inmate meals 377.00; GRANT COUNTY REVIEW, publishing 1,298.10; GRANT-ROBERTS RURAL WATER, water usage 42.40; IMEG CONSULTANTS, prof services 1,000.00; INGRAM, books 1,331.86; INNOVATIVE BENEFIT CONSULTANTS, insurance 17,843.71; INTER-LAKES COMMUNITY ACTION, service worker 2,333.33; ITC, phone & internet 2,083.66; JASON SACKREITER, garbage services 360.00; KEVIN MEYER, supplies 170.39; LEWIS FAMILY DRUG, supplies 212.93; MARVIN FIRE DEPT, election rental 25.00; MICROFILM IMAGING SYSTEMS, rentals 917.00; MILBANK AUTO PARTS, supplies 1,483.65; MILBANK FORD & MERCURY, repair & maint 1,192.03; NEW TOWNSHIP HALL, election rental 25.00; NORTHERN TRUCK EQUIPMENT, parts 2,460.60; NORTHWESTERN ENERGY, natural gas 33.45; OTTER TAIL POWER, electricity 3,997.42; QUICK PRO LUBE, repair & maint 1,350.93; R.D. OFFUTT COMPANY, repair & maint 633.19; RC TECHNOLOGIES, 911 transport & tower rent 95.96; RELIANCE TELEPHONE, supplies 20.00; RUNNINGS SUPPLY, supplies 267.37; SECUR SERV, prof services 7,528.62; SD ASSN CO COMMISSIONERS, registration 750.00; SD DEPT OF HEALTH, blabs 385.00; SD PUB ASSURANCE ALLIANCE, insurance 8,444.48; SDSU EXTENSION, registration 180.00; SIOUX VALLEY COOP, ethanol 2,443.14; ST WILLIAMS CARE CENTER, inmate laundry 101.00; STOCKHOLM COMMUNITY CTR, election rental 25.00; SUMNER DIESEL, parts 39.29; THE METOCHOL GROUP, supplies 150.00; TRI-STATE WATER, rental 36.20; TOWN OF TWIN BROOKS, election rental 25.00; TWIN VALLEY TIRE, repair & maint 1,995.00; VALLEY OFFICE PRODUCTS, supplies 2,284.21; VERIZON, hotspot 40.01; WASTE CONNECTIONS OF SOUTH DAKOTA, shredding services 142.08; WHETSTONE VALLEY ELECTRIC, electricity 1,337.93; XEROX, copier rent 268.88; PRIMARY ELECTION WORKERS, 10,668.29; RUNOFF ELECTION WORKERS, 9,842.89. TOTAL: $334,275.46.
Payroll for the following departments and offices for August 14, 2026, payroll is as follows: COMMISSIONERS 8,038.32; AUDITOR 9,864.01; ELECTION 2,082.64; TREASURER 7,211.77; STATES ATTORNEY 6,629.32; CUSTODIANS 4,334.00; DIR. OF EQUALIZATION 4,813.60; REG. OF DEEDS 4,422.66; VET. SERV. OFFICER 832.20; SHERIFF 18,180.69; COMMUNICATION CTR 9,961.84; VISITING NEIGHBOR 1,811.88; LIBRARY 9,664.98; 4-H 7,449.28; WEED CONTROL 2,515.90; P&Z 1,224.00; DRAINAGE 864.00; ROAD & BRIDGE 36,186.41; EMERGENCY MANAGEMENT 2,732.40. TOTAL: $138,819.90.
Payroll Claims: FIRST BANK & TRUST, Fed WH 9,706.89; FIRST BANK & TRUST, FICA WH & Match 16,733.88; FIRST BANK & TRUST, Medicare WH & Match 3,913.42; ACCOUNTS MANAGEMENT, deduction 96.88; AMERICAN FAMILY LIFE, AFLAC ins. 1,823.51; RELIANCE STANDARD LIFE DENTAL, ins. 536.42; WELLMARK-BLUE CROSS OF SD, Employee health ins. 2,360.64; RELIANCE STANDARD SUPPLEMENTAL, life ins. 88.88; OFFICE OF CHILD SUPPORT ENFORCEMENT, child support 585.00; SDRS SUPPLEMENTAL, deduction 1,252.50; SDRS, retire 15,842.34. TOTAL: $52,940.36.
JULY 2026 MONTHLY FEES: SD DEPT OF HEALTH, SDACO, ROD modernization fee 260.00; SD DEPT OF REVENUE, monthly fees 179,281.79. TOTAL: $179,541.79.
Executive Session: Motion by Tostenson and seconded by Stengel to enter executive session at 9:22 AM for the purpose of personnel issue(s) pursuant to SDCL 1-25-2 (1). Motion carried 4-0. Commissioner Assistant Owen, States Attorney Schwandt, 4-H Educator Mueller, Hwy Supt Peterson and Auditor Folk were present. Chairman Mach declared the meeting open to the public at 10:20 AM. No action was taken because of the executive session.
Consent Agenda:
1. Approve six-month step increase for Kim McCrea to $20.85 per hour effective 08/28/26.
2. Approve step increase from step 6 to step 7 for Joanne Urban to $22.40 per hour effective 08/28/26.
3. Declare surplus list of items no longer in use, no longer working, or unable to be repaired, list of items on file in the Auditors’ Office.
It is the policy of Grant County, South Dakota, not to discriminate against the handicapped in employment or the provision of service.
The next scheduled meeting dates will be September 1, 9 (joint with P & Z at 4 p.m.) and 22, 2026, at 8 a.m. in the basement Commissioner room. Motion by Tostenson and seconded by Stengel to adjourn the meeting. Motion carried 4-0. Meeting adjourned.
/s/Michael J. Mach,
Chairman,
Grant County Commissioners
/s/ Kathy Folk,
Grant County Auditor
Published once at an approximate cost of $240.09 and can be viewed free of charge at www.sdpublicnotices.com.The Grant County Commission met at 4 p.m. in a joint meeting with the Planning & Zoning Commission in the courtroom. Commissioners Mach, Street, Stengel, Hoff and Tostenson were present. Chairman Mach called the meeting to order with a quorum present.
Staff members present were P & Z Officer Berkner, States Attorney Schwandt, Commissioner Assistant Owen and Auditor Folk.
Planning Commission members present were Mark Leddy, John Seffrood, Tom Pillatzki, James Berg, Steve Spors and Mike Mach (Grant County Commissioner). Nancy Johnson was absent. Alternates present were Jeff McCulloch and Don Weber.
Members of the public present were Emma Steinlicht, Teddy Hendricks, Tara Steltz, Gordon Kaze, Mike Reil, Earl Lundin, Michelle Harstad, Doug Wollschlager, Renae Wollschlager, Kevin Lockee, Kathy Ward, Tara Healy, Nate Healy, Jason Grabow, Roger Hopkins, Ryan Hopkins, Scott Pinkert, Russ Howard, Merna Howard, Scott Wiese, Becky Swezey, Travis Swezey, Judy Hunt, Denise Scoblic, Dan Scoblic, Marilyn Rethke, Shirley Wiese, Kenny Wiese, Gordon Bunting, Claire Frazee, Matt Loeschke, Cheri Mielitz, Jen Meyer, Emelia Enquist, Steve Street, Mark Lounsbery, Marty Brandenburger, Susan Buttke, Brian Buttke, Joyce Janke, Kirk Phinney, Dillon Dwyer, Justin Rude, Mike O’Brien, Dave Copelan, Bert Loehrer, Allison DeBoer, Jackie Loeschke, Adam Hunt, Maxine Athey, Duane Athey, Justin Sime, Shirley Sime, Lexy Fonder, Christian Reimche, Tracy Grant, Ryan Kohl, Jolie Hicks, Barb McGee and Todd Kays from First District.
Joint Hearing: The purpose of the joint hearing was to hear public testimony on proposed Ordinance 2026-01. Chairman Mach opened the joint public hearing for Ordinance 2026-01 on behalf of the Board of County Commissioners. Planning Commission Chairman Leddy gave an update on the purpose of the public hearing for the data center ordinance amendment. Leddy asked Todd Kays, Executive Director of First District, to provide an overview of Ordinance 2026-01.
Kays explained the ordinance that was created in 2022 in response to crypto mining interest. The ordinance went into effect without referral, and no applications have been submitted since. The Planning Commission began reviewing the ordinance in April and proposed amendments mostly pertaining to formatting and grammar, with substantive change in water usage (Section 12.20.8). The proposed maximum water usage is 0.05 gal/kWh vs industry 0.12-0.47 gal/kWh. A water efficiency plan is required in a permit request. Other requirements in the ordinance are closed-loop systems; monitoring/reporting; emergency operations plan; proof of water availability; financial assurances per state legislation; discharge permits handled by the state and site drainage management. Kays stated the amendment only concerns Section 12.20 Data Processing Centers.
Planning Commission Chairman Leddy called for public comment.
Public testimony was given by Claire Frazee, Barb McGee, David Copelan, Dan Scoblic, Ryan Hopkins and Jackie Loeschke. They brought their data center questions and concerns to the Commissioners, who addressed them as best they could. Kays stated 27 letters were received for written testimony by noon on Friday, August 7th. Copies of the letters were given to both the County Commissioners and the P & Z Commissioners for review.
P & Z Chairman Leddy closed the public hearing for the Planning Commission Board and called for board discussion and County Commissioner Chairman Mach closed the public hearing for the Board of County Commissioners for Ordinance 2026-01 and called for board discussion. Kays read written comments and suggested changes to the ordinance from P & Z Commissioner Nancy Johnson who wasn’t present. Topics discussed were water rights, sound decibels, setbacks, capping the size of a data center and a decommissioning plan.
After the discussion, there was a consensus of the Planning Commission to make the changes suggested by Johnson. The Planning Commission approved a motion to send Ordinance 2026-01 to the County Commission. P & Z Chairman Leddy called for a voice vote that passed unanimously 6-0.
County Commission Chairman Mach asked Kays to give the reading of Ordinance 2026-01. Kays read the title: ORDINANCE NO. 2026-01, AN ORDINANCE ENTITILED, AN ORDINANCE TO AMEND ORDINANCE 2004-01, AS AMENDED, OF THE ZONING ORDINANCE OF GRANT COUNTY.
Motion by Tostenson and seconded by Street to accept the first reading of Ordinance 2026-01. Motion carried 5-0. Motion by Stengel and seconded by Hoff to set Tuesday, August 18, 2026, for the second reading at the next Commissioner meeting. Motion carried 5-0. The ordinance will be available at the Auditor’s office and on the County’s website.
It is the policy of Grant County, South Dakota, not to discriminate against the handicapped in employment or the provision of service.
The next scheduled meeting dates will be August 18 and September 1, 9 (joint with P & Z at 4 p.m.), and 22, 2026, at 8 a.m. Motion by Stengel and seconded by Street to adjourn the meeting at 5:20 p.m. Motion carried 5-0. Meeting adjourned.
/s/Michael J. Mach,
Chairman,
Grant County Commissioners
/s/ Kathy Folk,
Grant County Auditor
August 18, 2026
The Grant County Commission met at 8 a.m. with Commissioners Mach, Stengel, Tostenson and Street present. Commissioner Hoff was absent. Chairman Mach called the meeting to order. Motion by Street and seconded by Stengel to approve August 4, 2026, minutes. Motion carried 4-0. Motion by Tostenson and seconded by Street to approve the agenda. Motion carried 4-0.
Present from the public were Ray Beutler, Annelies Seffrood, John Seffrood, Adam Hunt, Annie O’Brien, Terry Meister, Gary Meister, Claire Frazee, Ryan Hopkins, Roger Hopkins, Peter Wyatt, Steve Pendergrass, Bert Loehrer, Tracy Grant, Christian Reimche, Lucas Loeschke, Annette Cabin, Linda Christian, Joelie Hicks and Rick Fonder. Staff members present were Commissioner Assistant Owen, Drainage Officer Berkner, States Attorney Schwandt, Hwy Supt Peterson, Sheriff Steffensen and 4-H Educator Mueller.
Public Comment: Chairman Mach called for public comment. Annelies Seffrood gave an update on the Boys & Girls Club and requested funds from the county. Their open house was last night and now have 100 students enrolled. Ryan Hopkins and Claire Frazee had concerns and questions regarding data centers from the P & Z meeting last week. Bert Loehrer stated he will say no to Xcel Energy transmission lines along with other area farmers. Chairman Mach called three times for public comments. Chairman Mach closed the public comment.
The Auditor’s Account with the Treasurer for July was noted.
AUDITOR’S ACCOUNT WITH THE COUNTY TREASURER
To the Honorable Board of County Commissioners, Grant County:
I hereby submit the following report of my examination of the cash and cash items in the hands of the County Treasurer of the County of Grant as of the last day of July 2026.
Cash on Hand, $1,752.49
Checks in Treasurer’s possession less than three days, $66,992.75
Cash Items, $0.00
TOTAL CASH ASSETS ON HAND
$68,745.24
RECONCILED CHECKING
First Bank & Trust, $1,422,208.83; Interest, $0.00; Credit Card Transactions, $9,842.38; First Bank & Trust (Svgs), $5,893,793.17; Jail Bond, $121,445.35.
CERTIFICATES OF DEPOSIT
First Bank & Trust, $0.00; First Bank & Trust (TIF), $0.00.
TOTAL CASH ASSETS
$7,516,034.97
GENERAL LEDGER CASH
BALANCES:
General, $3,105,707.40; General restricted cash, $2,669,000.00; Cash Accounts for Offices General Fund, $656.00; Sp. Revenue, $887,935.26; Sp. Revenue restricted cash, $0.00; Ambulance District, $529.87; Henze Road District, $0.00; Temporary Offage, $2,285.41; TIF Rosewood Mil-3, $0.00; TIF Koch, $0.00; Special Assessment Land Rent, $0.00; Trust & Agency, $849,921.03; (schools 58131.30, twps 30,230.10, city/town 25,124.62).
TOTAL GENERAL LEDGER CASH
$7,516,034.97
Dated the 12th day of August, 2026
Kathy Folk
County Auditor
The Register of Deeds fees for the month of July were $12,195.50. The Clerk of Courts fees for the month of July were $7,812.87. Statistics for the month of July 2026 for the Sheriff’s office were presented by report. Average Daily inmate population 2.80; Number of bookings 12; Work release money collected $180.00; 24/7 Preliminary Breath Test (PBT) fees collected $186.00; SCRAM (alcohol detecting bracelet) fees collected $0.00; 24/7 PBT participants 2; SCRAM (Sobriety Program) participants 0; UA participants 1; Calls for Service (does not include walk-in traffic) 242; Accidents investigated 8; Civil papers served 31; Cumulative miles traveled 15,963; 911 calls responded to (including Milbank) 121.
Chairman Mach adjourned the Board of Commissioners and convened the Commission acting as the Drainage Board.
Permit DR2026-15, for Christian Karels for land located within Section 5 in Alban West Township.
Chairman Mach called for a motion to approve DR2026-15 for Christian Karels. Motioned by Tostenson and seconded by Street to approve permit DR2026-15 for Christian Karels.
Drainage Officer Berkner reported the drainage permit is for tiling 6 acres in LOT 1 BERENS FARM ADDN IN SE1/4 of Sec. 5 of Alban West Township in the North Fork of the Yellow Bank River Watershed. The project would have no open inlets, one 6” outlet, and when possible, connect to the existing tile design from DR2007-15, all draining into the same established waterway. By using the 3/8th inch Drainage Co-efficient Formula (DCF) the lateral tile design could flow as much as 70 gpm. Berkner said it is his opinion that the drainage project conforms to the county’s drainage ordinance.
Karels was not present to comment.
Chairman Mach opened the public hearing for DR2026-15 asking three separate times for comments both in favor and against the project. No one responded. Mach closed the public hearing inviting drainage board discussion. The project is adjacent to County Road 169th Street. Mach asked Hwy Supt Peterson if he is aware of any problems with culverts or waterways in the area. Peterson wasn’t aware of any. After brief board discussion, Chairman Mach called for the vote. Motion carried 4-0.
Chairman Mach called for a motion to approve DR2026-16 for Christian Karels. Motion by Street and seconded by Stengel to approve permit DR2026-16 for Christian Karels.
Berkner said permit DR2026-16 is located just across the road from the previous drainage project DR2026-15 and is for tiling 2 acres in the W1/2NW1/4 SE1/4 of Sec. 9 in Alban West Township in the North Fork of the Yellow Bank River Watershed. The project would have no open inlets and one 6” outlet. By using the 3/8th inch DCF the lateral tile design could flow as much as 15 gpm. Berkner stated it is his opinion that the drainage project conforms to the county’s drainage ordinance.
Chairman Mach opened the public hearing for DR2026-16 asking three separate times for comments both in favor and against the drainage project. No one responded. Mach closed the public hearing inviting drainage board discussion.
Because the project seeking a drainage permit is adjacent to the County Road 169th Street, Mach again asked Supt Peterson if he was aware of any problems with any downstream culverts that might be affected by the design if permitted. Peterson wasn’t aware of any. After brief discussion, Chairman Mach called for the vote. Motion carried 4-0.
Chairman Mach called for a motion to approve DR2026-17 for Annelies and John Seffrood. Motion by Tostenson and seconded by Street to approve permit DR2026- 17 for the Seffroods.
Berkner said the drainage permit is for tiling 70 acres within the NW1/4 of Sec. 7 in Twin Brooks Township in the Whetstone River Watershed. The drainage project would have two open inlets as well as a 6”, an 8” and two 12” outlets. By using 3/8th inch DCF calculator, Berkner estimates the 70 acre tile design alone could flow at an estimated rate of 550 gpm. The open inlets, and the size of the two 12” out letting tiles connecting to the open inlets, could each flow at a maximum rate of 1,400 gpm during extreme wet conditions. It is Berkner’s opinion that the drainage project’s design conforms to the county’s drainage ordinance.
Chairman Mach asked the Seffroods for any additional comments. Annelies said they are using 4 outlets to save money on tile sizes. She said the two inlets that are connected to two larger 12” out letting tiles are to accommodate heavy runoff water that often floods over the adjacent roadway unto their land causing problems. She stated all the outlets emptied into natural grassy waterways which flow through another half mile of their pastureland before the water flows into a tree lined waterway. John Seffrood added that the one inlet located to the south and away from the township road is only included in the design if needed. He thinks the other inlet by the road culvert, and the surrounding lateral tile, may be all that is needed. He said the remaining roadside inlet is to stop the ongoing ditch erosion that happens after heavy runoff events. Once the inlet and its 12” out letting tile is installed they will repair the washouts, reseed, and restore the original grassy waterway.
Chairman Mach opened the public hearing asking three separate times for comments both in favor and against the drainage project. No one responded. Mach closed the public hearing inviting drainage board discussion. Tostenson commented he owns the land just upstream across the road from the area requesting the current drainage permit. He said the whole run, even on his side of the road, often has significant erosion problems. The project being considered should work well in reducing erosion. Chairman Mach called for the vote. Motion carried 4-0.
Berkner asked for a joint P & Z Board and County Commission meeting on Wednesday, September 9th at 4 PM regarding a zoning change from Commercial to Ag. It is a two-step process that involves approval from both boards.
This concluded the business of the Drainage Board. Chairman Mach adjourned the Drainage Board and reconvened as the Board of Commissioners.
Zoning Ordinance 2026-01: Motion by Tostenson and seconded by Stengel to postpone the second reading of Ordinance 2026-01 to the September 1st meeting because all the County Commissioners are not present today. Chairman Mach called for the vote. Motion carried 4-0.
Post Election Audit: Auditor Folk presented the results of the Post Election Audit for July 28, 2026, Runoff election. The Governor race in precincts Milbank 1-1, #52 Stockholm and #46 Grant Center Township was audited by a three-person board. After hand counting the ballots, the results of the race and precincts matched the election night tabulator count and county canvass with 100% accuracy.
Election Agreement: Motion by Stengel and seconded by Street to approve Chairman Mach to sign the combined election agreement with the City of Milbank for holding a combined election on the General election date of November 3, 2026. Motion carried 4-0.
2027 Budget: Auditor Folk reviewed the 2027 budget changes that were made to payroll and health insurance reimbursements. The Commission requested to include an allocation to the Boys & Girls Club in the budget. The 2027 budget public hearing will be on the September 1st meeting agenda.
NextEra Energy: Linda Christian, a developer with NextEra Energy, gave an overview of a proposed 500-megawatt battery storage center on 50 acres near the Big Stone South substation. NextEra has filed their application with MISO utilities and is getting state permits and a CUP. This is a separate project from the one in Codington County which is a 300-megawatt battery storage facility. Battery storage centers lower the cost of energy during peak usage hours. The Grant County facility will be built by 2030. It will take 18-24 months to get the applications approved by MISO and then 9 months to build. The land has been purchased, and NextEra will own and operate the facility. This storage center has nothing to do with proposed transmission lines. They will hold local job fairs.
During construction, they will employ a couple of hundred people. After construction, 3-4 engineers will be employed. Sound walls will be constructed around the perimeter of the battery storage containers. NextEra will train local fire departments on how to handle battery fires.
4-H Christmas Lights: 4-H Educator Mueller requested approval to have the Winter Wonderland drive-thru Christmas light display at the county 4-H Grounds again this year. The Commission gave their approval.
Travel: Motion by Stengel and seconded by Tostenson to approve travel expenses for EM Director Kevin Schuelke to attend the EM Conference in Spearfish. Motion carried 4-0.
County Assistance: None
Unfinished Business: None
New Business: None
Correspondence: None
Abatement: Motion by Stengel and seconded by Tostenson to approve the following abatement. Motion carried 4-0.
1. Bill number: 257189.0; Tax year: 2025; Abatement: $7,010.36: Reason: Property became tax exempt on 8-1-2025.
ABC Inc. Contract: Motion by Street and seconded by Stengel to accept the annual contract with ABC Inc of Sioux Falls for testing the fire alarm system at the new Detention Center and Sheriff’s Office for $784.00. Motion carried 4-0.
Claims: Motion by Tostenson and seconded by Stengel to approve the claims. Motion carried 4-0. ACTIVE DATA SYSTEMS, computer & maint 3,822.00; ADVANCED TECHNOLOGIES, supplies 655.99; AGTEGRA, diesel & ethanol 11,256.83; BANNER ASSOCIATES, prof services 14,299.40; BERENS MARKET, inmate groceries 575.55; BIG STONE CITY, election rental 25.00; BORNS GROUP, mailing expense 984.28; BUTLER, parts 2,124.94; BX CIVIL & CONSTRUCTION, box culvert proj 159,196.62; CCP INDUSTRIES, supplies 649.41; CENTURY BUSINESS PRODUCTS, copier rent 557.70; CHS, diesel & ethanol 23,858.44; CITY OF MILBANK, water & sewer 469.94; CLEAR CHOICE CLEANING, prof services 2,400.00; CONSOLIDATED READY MIX, gravel 11,686.16; CRAIG DEBOER, car wash usage 97.19; DAY COUNTY SHERIFFS OFFICE, inmate housing 3,750.00; FISHER SAND & GRAVEL, gravel 11,624.01; FOOD & FUEL, inmate meals 377.00; GRANT COUNTY REVIEW, publishing 1,298.10; GRANT-ROBERTS RURAL WATER, water usage 42.40; IMEG CONSULTANTS, prof services 1,000.00; INGRAM, books 1,331.86; INNOVATIVE BENEFIT CONSULTANTS, insurance 17,843.71; INTER-LAKES COMMUNITY ACTION, service worker 2,333.33; ITC, phone & internet 2,083.66; JASON SACKREITER, garbage services 360.00; KEVIN MEYER, supplies 170.39; LEWIS FAMILY DRUG, supplies 212.93; MARVIN FIRE DEPT, election rental 25.00; MICROFILM IMAGING SYSTEMS, rentals 917.00; MILBANK AUTO PARTS, supplies 1,483.65; MILBANK FORD & MERCURY, repair & maint 1,192.03; NEW TOWNSHIP HALL, election rental 25.00; NORTHERN TRUCK EQUIPMENT, parts 2,460.60; NORTHWESTERN ENERGY, natural gas 33.45; OTTER TAIL POWER, electricity 3,997.42; QUICK PRO LUBE, repair & maint 1,350.93; R.D. OFFUTT COMPANY, repair & maint 633.19; RC TECHNOLOGIES, 911 transport & tower rent 95.96; RELIANCE TELEPHONE, supplies 20.00; RUNNINGS SUPPLY, supplies 267.37; SECUR SERV, prof services 7,528.62; SD ASSN CO COMMISSIONERS, registration 750.00; SD DEPT OF HEALTH, blabs 385.00; SD PUB ASSURANCE ALLIANCE, insurance 8,444.48; SDSU EXTENSION, registration 180.00; SIOUX VALLEY COOP, ethanol 2,443.14; ST WILLIAMS CARE CENTER, inmate laundry 101.00; STOCKHOLM COMMUNITY CTR, election rental 25.00; SUMNER DIESEL, parts 39.29; THE METOCHOL GROUP, supplies 150.00; TRI-STATE WATER, rental 36.20; TOWN OF TWIN BROOKS, election rental 25.00; TWIN VALLEY TIRE, repair & maint 1,995.00; VALLEY OFFICE PRODUCTS, supplies 2,284.21; VERIZON, hotspot 40.01; WASTE CONNECTIONS OF SOUTH DAKOTA, shredding services 142.08; WHETSTONE VALLEY ELECTRIC, electricity 1,337.93; XEROX, copier rent 268.88; PRIMARY ELECTION WORKERS, 10,668.29; RUNOFF ELECTION WORKERS, 9,842.89. TOTAL: $334,275.46.
Payroll for the following departments and offices for August 14, 2026, payroll is as follows: COMMISSIONERS 8,038.32; AUDITOR 9,864.01; ELECTION 2,082.64; TREASURER 7,211.77; STATES ATTORNEY 6,629.32; CUSTODIANS 4,334.00; DIR. OF EQUALIZATION 4,813.60; REG. OF DEEDS 4,422.66; VET. SERV. OFFICER 832.20; SHERIFF 18,180.69; COMMUNICATION CTR 9,961.84; VISITING NEIGHBOR 1,811.88; LIBRARY 9,664.98; 4-H 7,449.28; WEED CONTROL 2,515.90; P&Z 1,224.00; DRAINAGE 864.00; ROAD & BRIDGE 36,186.41; EMERGENCY MANAGEMENT 2,732.40. TOTAL: $138,819.90.
Payroll Claims: FIRST BANK & TRUST, Fed WH 9,706.89; FIRST BANK & TRUST, FICA WH & Match 16,733.88; FIRST BANK & TRUST, Medicare WH & Match 3,913.42; ACCOUNTS MANAGEMENT, deduction 96.88; AMERICAN FAMILY LIFE, AFLAC ins. 1,823.51; RELIANCE STANDARD LIFE DENTAL, ins. 536.42; WELLMARK-BLUE CROSS OF SD, Employee health ins. 2,360.64; RELIANCE STANDARD SUPPLEMENTAL, life ins. 88.88; OFFICE OF CHILD SUPPORT ENFORCEMENT, child support 585.00; SDRS SUPPLEMENTAL, deduction 1,252.50; SDRS, retire 15,842.34. TOTAL: $52,940.36.
JULY 2026 MONTHLY FEES: SD DEPT OF HEALTH, SDACO, ROD modernization fee 260.00; SD DEPT OF REVENUE, monthly fees 179,281.79. TOTAL: $179,541.79.
Executive Session: Motion by Tostenson and seconded by Stengel to enter executive session at 9:22 AM for the purpose of personnel issue(s) pursuant to SDCL 1-25-2 (1). Motion carried 4-0. Commissioner Assistant Owen, States Attorney Schwandt, 4-H Educator Mueller, Hwy Supt Peterson and Auditor Folk were present. Chairman Mach declared the meeting open to the public at 10:20 AM. No action was taken because of the executive session.
Consent Agenda:
1. Approve six-month step increase for Kim McCrea to $20.85 per hour effective 08/28/26.
2. Approve step increase from step 6 to step 7 for Joanne Urban to $22.40 per hour effective 08/28/26.
3. Declare surplus list of items no longer in use, no longer working, or unable to be repaired, list of items on file in the Auditors’ Office.
It is the policy of Grant County, South Dakota, not to discriminate against the handicapped in employment or the provision of service.
The next scheduled meeting dates will be September 1, 9 (joint with P & Z at 4 p.m.) and 22, 2026, at 8 a.m. in the basement Commissioner room. Motion by Tostenson and seconded by Stengel to adjourn the meeting. Motion carried 4-0. Meeting adjourned.
/s/Michael J. Mach,
Chairman,
Grant County Commissioners
/s/ Kathy Folk,
Grant County Auditor
